Description
In this case, the Employment Appeal Tribunal was asked to determine whether a reasonable adjustment claim had been brought in time in circumstances where the employer omitted to make an adjustment, in this instance to the employee’s working pattern. Listen along to find out what happened!
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Transcription
Today in the Indicator HR and Employment Law podcast, we're discussing the judgment in the case of Cunningham and British Broadcasting Corporation, in which the Employment Appeal Tribunal considered the relevant start date for calculating limitation in circumstances where a reasonable adjustment was not made. C brought a failure to make reasonable adjustments claim against her employer, the BBC. She had been diagnosed with diabetes and suffered from exhaustion as a result of this condition, which affected her ability to cope with shift work. She requested a more stable, daytime-based shift pattern as a reasonable adjustment. Although her working pattern was adjusted, she continued to work one late shift that finished at half past midnight. Her tribunal claim argued that the BBC had failed to consider her reasonable adjustments, particularly whether this late shift should have been subject to adjustment. Her claim was dismissed by the Employment Tribunal, which found, among other things, that her reasonable adjustments claim had been brought out of time. She had requested reasonable adjustments in April 2023, and the Tribunal found that the adjustments should have been made from June 2023, from when C was held to be disabled, but she commenced her claim in November 2023. She appealed this and other findings, which are covered in a separate podcast. The Employment Appeal Tribunal found that the tribunal had erred in its assessment of whether C's reasonable adjustments claim had been brought in time. If the failure in question is an omission, time runs from when the employer might reasonably have been expected to make the adjustment, not from when it should first have been made. C told the BBC in June that the late shift continued to be problematic and asked for the shift to be adjusted. Occupational Health confirmed that the adjustments to her other working arrangements were beneficial and should continue. but that all late shifts should be part of the adjustments. A further occupational health report in August stated that a late shift was one that finished late in the evening or after midnight. Therefore, the BBC might reasonably have been expected to make the adjustment following this later report. The Employment Appeal Tribunal sent the reasonable adjustments claimed to a fresh tribunal for reconsideration. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
Description
In this case, the Employment Appeal Tribunal was asked to determine whether a reasonable adjustment claim had been brought in time in circumstances where the employer omitted to make an adjustment, in this instance to the employee’s working pattern. Listen along to find out what happened!
Visit www.indicator.co.uk to explore our product range, or connect with us on social media:
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Indicator HR and Employment Law podcast, we're discussing the judgment in the case of Cunningham and British Broadcasting Corporation, in which the Employment Appeal Tribunal considered the relevant start date for calculating limitation in circumstances where a reasonable adjustment was not made. C brought a failure to make reasonable adjustments claim against her employer, the BBC. She had been diagnosed with diabetes and suffered from exhaustion as a result of this condition, which affected her ability to cope with shift work. She requested a more stable, daytime-based shift pattern as a reasonable adjustment. Although her working pattern was adjusted, she continued to work one late shift that finished at half past midnight. Her tribunal claim argued that the BBC had failed to consider her reasonable adjustments, particularly whether this late shift should have been subject to adjustment. Her claim was dismissed by the Employment Tribunal, which found, among other things, that her reasonable adjustments claim had been brought out of time. She had requested reasonable adjustments in April 2023, and the Tribunal found that the adjustments should have been made from June 2023, from when C was held to be disabled, but she commenced her claim in November 2023. She appealed this and other findings, which are covered in a separate podcast. The Employment Appeal Tribunal found that the tribunal had erred in its assessment of whether C's reasonable adjustments claim had been brought in time. If the failure in question is an omission, time runs from when the employer might reasonably have been expected to make the adjustment, not from when it should first have been made. C told the BBC in June that the late shift continued to be problematic and asked for the shift to be adjusted. Occupational Health confirmed that the adjustments to her other working arrangements were beneficial and should continue. but that all late shifts should be part of the adjustments. A further occupational health report in August stated that a late shift was one that finished late in the evening or after midnight. Therefore, the BBC might reasonably have been expected to make the adjustment following this later report. The Employment Appeal Tribunal sent the reasonable adjustments claimed to a fresh tribunal for reconsideration. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
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Description
In this case, the Employment Appeal Tribunal was asked to determine whether a reasonable adjustment claim had been brought in time in circumstances where the employer omitted to make an adjustment, in this instance to the employee’s working pattern. Listen along to find out what happened!
Visit www.indicator.co.uk to explore our product range, or connect with us on social media:
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Indicator HR and Employment Law podcast, we're discussing the judgment in the case of Cunningham and British Broadcasting Corporation, in which the Employment Appeal Tribunal considered the relevant start date for calculating limitation in circumstances where a reasonable adjustment was not made. C brought a failure to make reasonable adjustments claim against her employer, the BBC. She had been diagnosed with diabetes and suffered from exhaustion as a result of this condition, which affected her ability to cope with shift work. She requested a more stable, daytime-based shift pattern as a reasonable adjustment. Although her working pattern was adjusted, she continued to work one late shift that finished at half past midnight. Her tribunal claim argued that the BBC had failed to consider her reasonable adjustments, particularly whether this late shift should have been subject to adjustment. Her claim was dismissed by the Employment Tribunal, which found, among other things, that her reasonable adjustments claim had been brought out of time. She had requested reasonable adjustments in April 2023, and the Tribunal found that the adjustments should have been made from June 2023, from when C was held to be disabled, but she commenced her claim in November 2023. She appealed this and other findings, which are covered in a separate podcast. The Employment Appeal Tribunal found that the tribunal had erred in its assessment of whether C's reasonable adjustments claim had been brought in time. If the failure in question is an omission, time runs from when the employer might reasonably have been expected to make the adjustment, not from when it should first have been made. C told the BBC in June that the late shift continued to be problematic and asked for the shift to be adjusted. Occupational Health confirmed that the adjustments to her other working arrangements were beneficial and should continue. but that all late shifts should be part of the adjustments. A further occupational health report in August stated that a late shift was one that finished late in the evening or after midnight. Therefore, the BBC might reasonably have been expected to make the adjustment following this later report. The Employment Appeal Tribunal sent the reasonable adjustments claimed to a fresh tribunal for reconsideration. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
Description
In this case, the Employment Appeal Tribunal was asked to determine whether a reasonable adjustment claim had been brought in time in circumstances where the employer omitted to make an adjustment, in this instance to the employee’s working pattern. Listen along to find out what happened!
Visit www.indicator.co.uk to explore our product range, or connect with us on social media:
Hosted on Ausha. See ausha.co/privacy-policy for more information.
Transcription
Today in the Indicator HR and Employment Law podcast, we're discussing the judgment in the case of Cunningham and British Broadcasting Corporation, in which the Employment Appeal Tribunal considered the relevant start date for calculating limitation in circumstances where a reasonable adjustment was not made. C brought a failure to make reasonable adjustments claim against her employer, the BBC. She had been diagnosed with diabetes and suffered from exhaustion as a result of this condition, which affected her ability to cope with shift work. She requested a more stable, daytime-based shift pattern as a reasonable adjustment. Although her working pattern was adjusted, she continued to work one late shift that finished at half past midnight. Her tribunal claim argued that the BBC had failed to consider her reasonable adjustments, particularly whether this late shift should have been subject to adjustment. Her claim was dismissed by the Employment Tribunal, which found, among other things, that her reasonable adjustments claim had been brought out of time. She had requested reasonable adjustments in April 2023, and the Tribunal found that the adjustments should have been made from June 2023, from when C was held to be disabled, but she commenced her claim in November 2023. She appealed this and other findings, which are covered in a separate podcast. The Employment Appeal Tribunal found that the tribunal had erred in its assessment of whether C's reasonable adjustments claim had been brought in time. If the failure in question is an omission, time runs from when the employer might reasonably have been expected to make the adjustment, not from when it should first have been made. C told the BBC in June that the late shift continued to be problematic and asked for the shift to be adjusted. Occupational Health confirmed that the adjustments to her other working arrangements were beneficial and should continue. but that all late shifts should be part of the adjustments. A further occupational health report in August stated that a late shift was one that finished late in the evening or after midnight. Therefore, the BBC might reasonably have been expected to make the adjustment following this later report. The Employment Appeal Tribunal sent the reasonable adjustments claimed to a fresh tribunal for reconsideration. Look out for further episodes in this series to stay up to date on all things HR and employment law related.
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